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PETITIONER: SMT. SHANNO DEVI
Vs.
RESPONDENT: MANGAL SAIN
DATE OF JUDGMENT: 07/09/1960
BENCH: GUPTA, K.C. DAS BENCH: GUPTA, K.C. DAS DAS, S.K. HIDAYATULLAH, M. SHAH, J.C. AYYANGAR, N. RAJAGOPALA
CITATION: 1961 AIR 58 1961 SCR (1) 576 CITATOR INFO : F 1965 SC 810 (8) O 1966 SC1614 (4,5,12) RF 1971 SC 472 (2,7,8) O 1974 SC 645 (4)
ACT: Migration to India-Citizenship, claim for-Intention of resi- ding permanently-Election dispute-" Migrated to the territory of India ", " Ordinarily resident ", meaning of Constitution of India, Art. 6.
HEADNOTE: The respondent was the successful candidate at the general election held in March, 1957, for the Punjab Legislative Assembly. The appellant who was one of the unsuccessful candidates, filed an election petition and challenged the validity of the respondent’s election on the grounds, inter alia, that the latter was not a citizen of India and was, therefore, not qualified to stand for election. It was found that he was born of Indian parents sometime in 1927 in India as defined in the Government of India Act, 1935, in a village which since August 15, 1947, became part of Pakistan, that in 1944 he had moved from his home district to Jullunder in what is now the territory of India, and that after August 15, 1947, he definitely made up his mind to settle in Ind...